Education & Professional Qualifications
Bachelor of Civil Law, with distinction University of Oxford (St Hugh's College), 2006
Diploma in Legal Practice, University of Glasgow, 2003
LLB, with first class honours, University of Glasgow, 2002
Faculty of Advocates' Scholarship, 2006
OUP National Mooting Competition Finalist, 2003
Bennett Miller Prize for Private Law Honours, 2002
ESU / Essex Court Chambers National Mooting Competition Finalist and Scarman Shield Winner, 2001
Professional Career to date
Devil Masters: Sean Smith, Graham Primrose, Thomas Ross.
2009: Appointed Standing Junior Counsel to the Home Office
2007: Admitted to the Faculty of Advocates
2003 - 2005: Trainee Solicitor, Dickson Minto WS
2002 - 2003: Tutor in Private Law at the University of Glasgow
Professional Experience
John has a strong interest in public law and has been instructed in relation to a variety of judicial review, public procurement, proceeds of crime and freedom of information cases. He was instructed as junior counsel to the Advocate General in the first House of Lords case to consider the Freedom of Information (Scotland) Act 2002. In 2009, he was appointed Standing Junior Counsel to the Home Office.
John has been instructed in a wide range of commercial litigation, including disputes relating to commercial contracts, shareholder agreements, commercial leases, professional negligence and product liability. He has significant experience of insolvency law, and has acted in relation to numerous liquidation and administration matters.
Courts & Tribunal Experience
House of Lords/Supreme Court; Court of Session; High Court of Justiciary; Sheriff Court; Employment Tribunals.
Appointments & Memberships
2009: Appointed Standing Junior Counsel to the Home Office.
Cases
Hepburn v Royal Alexandra Hospital NHS Trust & Others [2010] CSIH 71
Successfully acted for the Pursuer and Reclaimer in a medical negligence case that had been dismissed at first instance on grounds of inordinate and inexcusable delay. The case contains useful guidance on when a case can be dismissed on this basis and emphasizes that a high threshold must be met before a case can be dismissed.
Sidey Limited v Clackmannanshire Council and Pyramid Joinery & Construction Limited [2010] CSIH 37
Acted as Junior Counsel for Clackmannanshire Council in a procurement case concerning a below threshold contract. The Inner House held that in such a case it was incompetent for a pursuer to proceed by way of raising a commercial action and any proceedings must be raised by way of judicial review.
RY, QA, ZA and MA, Petitioners [2010] CSOH 65
Acted for the Secretary of State for the Home Department in successfully resisting a claim for judicial review of a decision to refuse to treat representations made by the petitioners as a fresh claim for asylum.
Scottish Ministers v Smith [2009] CSOH 167; [2010] CSIH 44
Acted for the Scottish Ministers in a case in which a recovery order under the Proceeds of Crime Act 2002 was obtained after a long running proof.
Scottish Ministers v Wayne Holloway 20/10/2009 (unreported)
Successfully acted for the Scottish Ministers in a cash recovery case under the Proceeds of Crime Act 2002.
Common Services Agency v Scottish Information Commissioner [2008] 1 WLR 1550
Instructed as junior counsel to the Advocate General, representing the Secretary of State for Justice, in the first House of Lords case to consider the interaction of the Data Protection Act 1998 and the Freedom of Information (Scotland) Act 2002.
Raza v Scottish Criminal Cases Review Commission 2007 SCCR 403
Acted for the petitioner in an action for judicial review of a decision of the Scottish Criminal Cases Review Commission not to make a reference to the High Court of Justiciary.
Publications
Contractual Freedom versus Statutory Protection: Melville Dundas Ltd (in receivership) v George Wimpey UK Ltd in the House of Lords 2007 SLT (News) 165.